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Students Awards (Amendment) Regulations (Northern Ireland) 2005

Type Ni-Statutory-Rule
Publication 2005-10-26
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
Reform history JSON API PDF

Made: 26th October 2005

Coming into operation: 20th November 2005

The Department for Employment and Learning[^f00001], in exercise of the powers conferred by Articles 50(1) and (2) and 134(1)[^f00002] of the Education and Libraries (Northern Ireland) Order 1986[^f00003]and now vested in it[^f00004] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

These Regulations may be cited as the Students Awards (Amendment) Regulations (Northern Ireland) 2005 and shall come into operation on 20th November 2005 and shall have effect on and from 1st September 2005.

2

In these Regulations, “the Principal Regulations” means the Students Awards Regulations (Northern Ireland) 2003[^f00005].

Revocation

3

The following provisions of the Students Awards (Amendment) Regulations (Northern Ireland) 2004[^f00006] are hereby revoked—

Amendment of the Principal Regulations

4

The Principal Regulations shall be amended as provided by regulations 5 to 17.

5
  • “the 2005 Act” means the Education Act 2005[^f00007];

(a) a full-time course for the initial teacher training of teachers (other than a course for the degree of Bachelor of Education) provided— (aa) by a publicly funded institution; or (bb) where a private institution is a training provider within the meaning of section 78 of the 2005 Act or an eligible institution within the meaning of section 86 of the 2005 Act, by a public institution in conjunction with such a private institution; or (cc) by a private institution of the type referred to in sub-paragraph (bb);

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In Schedule 1 (Persons) at the end of paragraph 2(a) the semi-colon shall be removed and there shall be added—

or is a category 2 European student;

9

In Schedule 3 (Terms and conditions) after paragraph 2(d) there shall be inserted the following paragraph—

(dd) in the case of a category 2 European student who— (i) started a designated course on or after 1st September 2004 but before 1st September 2005; and (ii) is applying for an award in respect of that course, where the application reaches the authority by 1st January 2006.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11
12

(c) any grant to facilitate teacher training paid to the student under Part 2 of the Education Act 2002 or section 78 of the 2005 Act, any payment made in respect of the student’s training as a teacher by an institution to which grants, loans or other payments for that purpose are provided under section 78 or 86 of the 2005 Act or under section 65(3) of the Further and Higher Education Act 1992;

(2) Where a contribution is ascertained in respect of more than one child of the student’s parent the aggregate of the contributions shall not exceed the contribution that would be ascertained if only one child held such an award or, if that amount is different in respect of each child, the lower, or as the case may be, lowest such amount. (2A) The amount or, where a contribution is ascertained in respect of more than one child of the student’s parent, the aggregate amount of the parental contribution ascertained under this Part shall in no case exceed £7,250.

(4) Subject to sub-paragraphs (5) and (6), for any year in which a statutory award under these Regulations, the Education (Student Support) Regulations (Northern Ireland) 2005 or section 63 of the Health Services and Public Health Act 1968 (and no other statutory award) is held by more than one child of the student’s parent, the parental contribution payable in respect of the student shall be an amount equal to the aggregate of the contributions ascertained in accordance with this Part divided by the number of children of his parent who hold a relevant statutory award. (5) Subject to sub-paragraph (6), if, as a result of the apportionment under sub-paragraph (4), any part of the parental contribution ascertained in accordance with this Part would not be applied in respect of the student’s statutory award, the remainder of the contribution shall be applied— (a) first in relation to the smallest statutory award (or equally to each such award) to which the contribution may be applied; and (b) then to the remaining statutory award to which the contribution may be applied or, if there is more than one remaining statutory award to which the contribution may be applied, equally to each such award. (6) If, after apportioning the remaining parental contribution equally under sub-paragraph (5)(b)— (a) any amount of the parental contribution ascertained under this Part still has not been applied; and (b) there remains one or more statutory awards to which the contribution may be applied, the balance of the contribution shall be applied to the remaining statutory award or awards, in increasing order of size, to which the contribution may be applied, until there remains no such statutory award to which the contribution has not been applied.

13

(2) In the case of such a student the sum to be disregarded under paragraph 1(1)(a) of Schedule 7 shall be £2,055 instead of £945.

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15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

The Principal Regulations are also amended in accordance with Schedule 2.

Modifications applying while the Civil Partnership Act 2004 is not in force

17

During such time as section 1 of the Civil Partnership Act 2004[^f00009] is not in force, regulation 16 and Schedule 2 shall not have effect.

SCHEDULE 1 — NEW PAYMENT RATES

Provision in the Principal Regulations Existing figure (£) New figure (£)
Schedule 5
Paragraph (d)(i) 1,150560 1,175570
Paragraph (d)(iii) 1,075 1,100
Paragraphs (v), (vi), (vii) and (ix) 560 570
Schedule 6, Part 1
Paragraph 2(2) 2,090 2,140
Paragraph 2(2)(a) 2,570 2,635
Paragraph 2(2)(b) 2,990 3,065
Paragraph 3 1,705 1,745
Schedule 6, Part 2
Paragraph 5(2)(a) 49 50
Paragraph 5(2)(b) 73 75
Paragraph 5(2)(b)(i) 94 96
Paragraph 5(2)(b)(ii) 101 104
Paragraph 7(2) 275 280
Paragraph 9(2)(a) 11,550 11,840
Paragraph 9(2)(b) 4,565 4,680
Paragraph 9(2)(d) 1,525 1,565
Schedule 6, Part 3
Paragraph 12(3) 3,360 3,445
Paragraph 13(1) 2,335 2,395
Paragraph 13(1)(b) 3,360 3,445
Paragraph 13(2)(b)(i) 1,025 1,050
Paragraph 13(2)(b)(ii) 3,070 3,145
Paragraph 13(2)(b)(iii) and (iv) 4,095 4,195
Paragraph 13(2)(b)(v) 5,120 5,250
Paragraph 13(4)(a) 1,330 1,365
Paragraph 13(4)(b) 1,3301,280 1,3651,315
Paragraph 14(2)(a) 114.75 148.75
Paragraph 14(2)(b) 170 255
Paragraph 14(5)(b)(i) 1,025 1,050
Paragraph 14(5)(b)(ii) 3,070 3,145
Paragraph 14(5)(b)(iii) and (iv) 4,095 4,195
Paragraph 14(5)(b)(v) 5,120 5,250
Paragraph 14(7)(b)(i) 1,025 1,050
Paragraph 14(7)(b)(ii) 3,070 3,145
Paragraph 14(7)(b)(iii) and (iv) 4,095 4,195
Paragraph 14(7)(b)(v) 5,120 5,250
Schedule 7, Part 1
Paragraph 1(1)(a) 920 945
Paragraph 1(1)(b) 4,350 4,460
Paragraph 1(1)(q) 3,500 3,590
Schedule 7, Part 2
Paragraph 4(1) 21,47585 22,01087
Paragraph 6(2)(a) 2,475 2,535
Paragraph 6(2)(d) and (e) 1,940 1,990
Paragraph 6(2)(g) 1,000 1,025
Schedule 7, Part 3
Paragraph 8(2) 18,475857,075 18,935877,250
Schedule 9
Paragraph 4(a) 920 945

SCHEDULE 2 — CIVIL PARTNERSHIPS

1

In regulation 2, after paragraph (c) of the definition of “independent student” there shall be inserted—

(cc) has formed a civil partnership before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the civil partnership is still subsisting; or

2

At the end of regulation 4, there shall be inserted—

(2) For the purposes of these Regulations a person’s civil partnership is to be treated as having been terminated, not only by the death of the other civil partner or the annulment or dissolution of the civil partnership by an order of a court of competent jurisdiction, but also by virtue of the parties to the civil partnership ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.

3
4

In regulation 11(1)(b) after “or III”, there shall be inserted “or IIIA”.

5

In regulation 16(5)(b) after “spouse” in both places where it occurs, there shall be inserted “or civil partner”.

6

In Schedule 3 (Terms and conditions) in paragraph 2(2)(d), after “spouse” there shall be inserted “or civil partner”.

7
  • “adult dependant” means, in relation to a student, an adult person dependent on the student not being his child, his spouse or a person living with him as his spouse, his former spouse, his civil partner or a person living with him as his civil partner or his former civil partner, subject however to sub-paragraphs (2) and (3);
  • “civil partner”, except in the definition above of adult dependant, shall not include a student’s civil partner if they have ceased ordinarily to live together whether or not an order for their separation has been made by any court;
8

(u) the first £7,500 of income of any description, other than a sum treated as income under sub-paragraph (6), where— (i) a parental contribution does not apply because the student falls within paragraph 3; and (ii) a spouse’s contribution does not apply under Part III or a civil partner’s contribution does not apply under Part IIIA.

or from the income of a student who has formed a civil partnership where the student’s civil partner is a dependant for the purpose of Part III of that Schedule

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